Bermer v. Atlantic Dredging Co.

New York Supreme Court

Bermer v. Atlantic Dredging Co.

12 N.Y.S. 181, 65 N.Y. Sup. Ct. 359, 34 N.Y. St. Rep. 632, 58 Hun 359, 1890 N.Y. Misc. LEXIS 3386

CourtNew York Supreme Court

DecidedDecember 10, 1890

StatusPublished

Cited by1 cases

This text of 12 N.Y.S. 181 (Bermer v. Atlantic Dredging Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bermer v. Atlantic Dredging Co., 12 N.Y.S. 181, 65 N.Y. Sup. Ct. 359, 34 N.Y. St. Rep. 632, 58 Hun 359, 1890 N.Y. Misc. LEXIS 3386 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Pratt, J.

The, verdict established that the blasting done by defendant at Hell Gate shook the walls of plaintiff’s house inflicting injury. The court •charged that for such injury defendant was responsible, and refused to charge that to make defendant liable it must appear that the work was done in a negligent manner. We think the instruction was correct. If a desirable work cannot be done without shaking down a neighbor’s house, it would ■seem that the work should not be performed, unless the doer was prepared to make compensation for the injury inflicted. That rule seems best to promote ¡the general welfare. The public are not benefited by a change that inflicts an injury greater than the resulting benefit. Judgment affirmed, with costs.

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Pratt, J.

The, verdict established that the blasting done by defendant at Hell Gate shook the walls of plaintiff’s house inflicting injury. The court •charged that for such injury defendant was responsible, and refused to charge that to make defendant liable it must appear that the work was done in a negligent manner. We think the instruction was correct. If a desirable work cannot be done without shaking down a neighbor’s house, it would ■seem that the work should not be performed, unless the doer was prepared to make compensation for the injury inflicted. That rule seems best to promote ¡the general welfare. The public are not benefited by a change that inflicts an injury greater than the resulting benefit. Judgment affirmed, with costs.

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Bluebook (online)

12 N.Y.S. 181, 65 N.Y. Sup. Ct. 359, 34 N.Y. St. Rep. 632, 58 Hun 359, 1890 N.Y. Misc. LEXIS 3386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bermer-v-atlantic-dredging-co-nysupct-1890.

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